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Business/income impact due to "Foley, David R."?
RayB:
Just wanted to let you know I just took that boycott banner and I submitted it to the USPTO as MY trademark.
;D
unclet:
Can you file suit against Ultracade indicating they are using the "Mame" text which is a trademark of mame.net for years and years. If many people can agree that Mame was started way before Ultracade even existed, then one would believe a case could be won...
I believe you do not have to "own" the logo or trademark if you can prove you used it for your industry (etc.) long before the person who is trying to use it now. It is not like Ultracade is trying to use the "Mame" text to sell cars (or something different) which he then might win the battle of registering the "Mame" text for his own "unique" purpose. However, since Ultracade is trying to use "Mame" for selling "arcade" related items, then it would be clear that he got the "Mame" text from the mame.net groups, etc... instead of coming up with it himself.
Did that make sense?
Crazy Cooter:
What Foley is trying to challenge is the "legitimate use" of the name. He claims MAME itself isn't "legitimate", so now he can claim it. The problem is that MAME is legitimate, and has been used in commerce (marquees etc.). Basically he wants the MAME devs to stand up and say they made money off of it so he can sue them for copyright infringement and collect damages. If he has 1 copyright for a rom, he will be able to bring them to court.
Of course it won't stand, but it will shake down the community. Right now, people that have had their business affected need to call the police and have them look into the matter. Emdkay has the strongest case. He can show them the paperwork and file a criminal complaint at his local sheriff's office. Remember, these are all local to YOU. The crime is being committed in your state to you by him as an individual. You don't need to go to Cali to press charges. Talk to your local police dept. and see what they say. Doesn't hurt to ask (or befriend a cop, it might save you a ticket later ;))
What Foley needs to do is look at the Bleem! court case. Emulators are legal.
RetroJames:
--- Quote from: unclet on February 23, 2005, 12:49:44 pm ---Can you file suit against Ultracade indicating they are using the "Mame" text which is a trademark of mame.net for years and years.
--- End quote ---
Crazy Cooter:
Doesn't matter. Ford was around before chevrolet and they can't claim each others work.